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“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: A Comprehensive Commentary on United States v. Prawl (2d Cir. 2025) Introduction United States v....
Second Circuit Redefines the 90-Day Deficiency Deadline: I.R.C. § 6213(a) Deemed Non-Jurisdictional and Subject to Equitable Tolling I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir....
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants 1. Introduction The United States Court of Appeals for the Second Circuit has delivered a...
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025) 1. Introduction Hernandez...
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life Assurance Company of Canada Introduction On 14 August 2025 the United States...
Debit-Card Numbers and PINs as “Means of Identification”: A Structured Commentary on United States v. Constantinescu, 91 F.4th ___ (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in...
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton City School District 1. Introduction Sanchez v. Binghamton City School District, No. 24-2125-cv, decided by...
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025) 1. Introduction In In Re Cruikshank, the United States...
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards 1. Introduction In Re: Valuex Research, LLC concerns creditors...
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc. (2d Cir. 2025) Introduction The Second Circuit's...
“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t...
“The Carew Principle” No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy – Court of Appeals for the Second Circuit, 2025 1. Introduction In Carew v. Morton, the United States Court of...
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches Introduction Isaacs v. Zimmerman, No. 23-7492 (2d Cir. Aug....
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e) 1. Introduction Liberty...
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions Introduction The consolidated appeal New Jersey v. Bessent;...
Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board (2d Cir. 2025) 1. Introduction Variscite NY...
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi 1. Introduction Sherpa v. Bondi, No. 23-6172 (2d Cir. Aug. 14 2025) is a...
Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims 1. Introduction Cardenas-Zepeda v. Bondi, decided by the United States...
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner of Internal Revenue (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...